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2022 Supreme(Kar) 24

K.SOMASHEKAR, P.N.DESAI
State of Karnataka, Kavoor Police Station Mangaluru, D. K. , Rep. by SPP – Appellant
Versus
Ganesha S/o. Nagesh Shetty – Respondent


Advocates Appeared:
For the Appellant : Sri. Rahul Rai K. – HCGP.
For the Respondent: Sri. P.P. Hegde - Sr. Counsel for Sri. Venkatesh Somareddy.

JUDGMENT :

This appeal is preferred by the State challenging the acquittal judgment rendered by the trial Court in S.C.No.169/2013 dated 06.04.2016 whereby acquitting the accused for the offence punishable under Sections 504, 324, 307 r/w 34 of the Indian Penal Code, 1860. In this appeal the Appellant/State is seeking to set-aside the judgment of acquittal rendered by the Court and to convict the accused for the aforesaid offences which are charged against them amongst the various other grounds urged in this appeal.

2. Heard learned HCGP for Appellant / State who is present before the Court physically and learned Senior counsel Sri P.P. Hegde for respondents / accused who is appearing through video conferencing. Perused the judgment of acquittal rendered by the trial Court in S.C.No.169/2013.

3. The factual matrix of the appeal are as under:

It is transpired in the case of the prosecution that on 23.10.2012 accused Nos.1 to 3 with common intention to insult and to provoke breach of peace had questioned CWs.1 to 3 when they were pasting the posters of a neighbouring State School at Moodshedde area at about 11.45 p.m. and abused them in filthy language. As a result of exchange of words i

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